Public Procurement – Study on administrative capacity in the field of ESIF Expert Group on the EMFF, 27/06/2016 Anna-Lena Zademach-Schwierz DG Regional and Urban Policy - Unit E1 "Competence Centre for Administrative Capacity-Building and the Solidarity Fund"
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Public Procurement – Study on administrative capacity in the field of ESIF
Expert Group on the EMFF, 27/06/2016
Anna-Lena Zademach-Schwierz
DG Regional and Urban Policy - Unit E1 "Competence Centre for Administrative Capacity-Building and the Solidarity Fund"
Public Procurement Action Plan
Technical Working Group of European Commission: DG REGIO (Chair), GROW, EMPL, AGRI, MARE, EIB
Purpose: Improve coordination and avoid fragmentation
Agree an ACTION PLAN: FOCUS ON PREVENTIVE ACTIONS!
1.Spread knowledge of EU PP rules at the level of all stakeholders
2.Ultimately reduce error rate linked to PP
14 Actions identified by Technical Working Group, among them
Study on administrative capacity for Public Procurement
2
Study: Methodological approach
In order to assemble as complete a picture of procurement in the EU as possible, the study relied on the following data sources:
Stages:
1. Desk review of all 28 MS (country profiles)
2. Field visits in 15 MS
3. Case studies of reform: PT and CZ
4. On-line survey with practitioners in all 28 MS
5. Good practices and recommendations in final report
6. Stakeholder Workshop in Brussels
Field visit country No field visit
3
Country Profiles
Contract type36%
Services
Other
0%
61%
Supplies
3%
Works
Direct
award
1%
Framework agreement
29%
OtherRegional/localNational
Procedures
applied1%88%
Competitive
dialogue
0%
Open Restricted
Body governed by
public law
Negociated procedure
10%1%
with call no call
2%
Key Facts and Figures in Croatia
5,300,000,000€
Contracting authorities
1,811
Central purchasing
Yes, CPO
Ex ante conditionality
criteria as of 2014
Procurement % GDP
12%
N/A
E-procurement
adoption
Overview
E-access
63%
E-notification
2013 GDP
43,561,500,000€
Perceived corruption
54% 17%
Share of contract
notices by buyer15% 14%
Total procurement
Uptake rateE-submission
Partially mandatory
90% 64%
Admin. capacity
Not met
Mandatory Mandatory
Other indicators
94%
MEAT criteria
5%
Received single bid
45%
# days for decision
77.8 95%
Price only criteria
# contract awards
1,363TED indicators
Value of tenders
Training
Not met
EU rules
Fully met
Transparency
Fully met
1%
Won by foreign firms
25%
Corruption widespread in society Corruption widespread in procurement
# contract notices
1,581
Businesses Individuals At national level At local/regional level
1,329,344,192€
Of total procurement
9%
Joint purchaseRelated to EU funds
2. Description of features
• Legal
• Institutional
• Administrative capacity
• E-procurement
• Corruption
• Europe 2020
• Irregularities
• Outlook
3. Analysis • Strenghts
• Weaknesses
• Recommendations
1. Key facts and figures
4
Case study: Portugal
Section 2 – Case studies
Key dates in the reform process:
• 1) Don't rush the policymaking process • 2) Input from all major stakeholders! • 3) Buy-in for successful implementation • 4) Sufficient delay between enactment and
implementation - guidance materials
• 2005-2008: Reform incubation process involving wide range of stakeholders
• 2008: Introduction of comprehensive Public Contracts Code
• Since 2008: Eight minor amendments Lessons learned:
5
Section 3 – Survey
Key survey results Human resources
6
Section 3 – Survey
13
Key survey results Main difficulties for practitioners
Section 3 – Survey
Key survey results Barriers to participating in trainings
Hotlines or Helpdesks provide ad hoc assistance for immediate and tailor-made responses to contracting authorities.
Examples
• France: Call center of Ministry of Finance
• Slovenia: telephone consultation service Ministry of Finance and Ministry of Public Administration
• Finland: one-stop helpdesk, PP Advisory Unit
• Netherlands: PIANOo-desk
Good practice
10
2. Guidance and Standardisation of documents
Methodological, thematic, guidance tools and
Ready-to use templates to be adapted to needs are provided to the CA.
Examples
• France: methodological manual and standardised tender specifications and contract provisions
• Netherlands: library of product specific green criteria
• Czech Republic: Online case-law library
• Luxembourg: Standardised tender specifications for public works
11
3. Professionalisation
MS develop a curriculum of competences for procurement practitioners with frequent trainings, clear competencies, certification based on more than participation, to be fulfilled by education or practical experience.
Examples
• Croatia: certifying procurement practitioners
• UK: Commercial Skills and Competency Framework
• Ireland: Go-2-Tender Training Scheme for SMEs
12
4. Quality execution of procurement/Review/Mediation
By publishing planning, opening feedback channels and mediation the quality of procurement increases and offers more possibilities to participate to SMEs.
Examples
• Latvia: Annual procurement plans
• France: Qualitative monitoring of public procurement
Reducing administrative burden for economic operators is possible through specific tools and systems or winner-only habilitation.
Examples
• Portugal: Interoperability : Auto-fill fiscal information
• UK: Lean approach to procurement
• Spain: Registry of tenderers and contractors
• France: Specific Simplified Tender
• Portugal: Declaration of honour
14
6. Transparency
Online publication of detailed and regularly updated PP data is key for effective monitoring and transparency. Benefit for stakeholders in public administrations, economic operators, civil society.
Examples
• Spain: Public Contracts Registry
• Lithuania: Data of framework agreements
• Slovenia : "Supervizor" transparency tool
• Slovakia: Single-stop online portal "Open PP"
15
Results summarised in final report
General recommendations for EC and MS on:
• Human ressources, Systems and tools
• Strengthen skills of frequent procurers (specialised trainings)
• Provide support for infrequent procurers (standardisation, ad hoc helpdesks, guidance, joint procurement)
• Governance structures, better policy making, law enforcement
• Deliberate inclusive reforms, time for implementation and training
• Data collection, Transparency
• Interoperability between systems
16
EC Follow-up to recommendations
• Dissemination of good practices Foster knowledge transfer at EU level
• Targeted workshops and conferences
• Library and support to transfer of good practice cases
• Update guidance
• PP Guidance for Practitioners: update on new PP Directives and initial feedback
• EC to provide on-site expertise
• REGIO facilitates exchanges TAIEX-REGIO PEER2PEER
• Cooperation with OECD on capacity building
17
EC Follow-up to recommendations
• Rationalise EU Audit rules
• Update of Auditor's checklist and Guidelines for PP errors for changes stemming from new Directives
• Data collection on PP irregularities and TED
• Expand ESIF monitoring and reporting on PP irregularities
• Data collection and analysis from Member States (strengthen TED)